Better PFML programs can help keep women in the workforce

Here are a few steps employers can take today to make meaningful changes in their paid family medical leave management.

being competitive and compliant with evolving state-by-state legislation around PFML has been a major challenge for U.S. employers well before the pandemic hit.

Studies show that one in four women are considering downsizing their careers or leaving the workforce altogether after juggling a difficult year of navigating a global pandemic with their careers, families and a significant increase in mental health issues. That number is 4 million women (and counting) that have exited the workforce over the last year. The aftershock of this unexpected outcome of the COVID-19 pandemic to organizational diversity and individual career trajectory will be felt for years to come.

Many of us are left wondering, when — and how — can we get women back into the workforce for good?

Related: 3 ways to keep women from leaving the workforce

The increasing number of issues that women are facing today makes that question difficult to answer. By addressing increased mental health in the workforce and adjusting to hybrid work environments, today’s employers can help their people get back to work as the world economy slowly recovers. While this might seem daunting to some employers, with some flexibility and the right tools in place, employers can offer resources and solutions to help ease these transitions.

One tool employers can leverage now to both support and retain employees is Paid Family Medical Leave (PFML) and Family Medical Leave (FMLA).

The most common reasons employees take PFML/FMLA is to tend to one’s serious health condition, birth or adoption of a new child, or caring for a family member with a serious health condition. These life events are not new or unique to the pandemic, but they have continued to be a prominent reason that is pulling women away from their careers. If the pandemic has taught us anything, it’s that PFML/FMLA laws exist to help employees avoid having to choose between their careers and personal lives. But being competitive and compliant with evolving state-by-state legislation around PFML has been a major challenge for U.S. employers well before the pandemic hit.

A national survey conducted by The Standard, a Portland-based insurance company, found that 60% of employers did not feel very well prepared to administer new state-mandated leave programs. Another 39% said they needed to implement changes to their current paid leave programs to comply with local laws. As more states pass and implement PFML legislation, employers have an opportunity to implement plans that could significantly limit the mass exodus of women from the workforce during this extraordinary time.

Below are a few steps employers can take today to make meaningful changes in their PFML/FMLA management:

1. Confirm the status of PFML in your state.

Every state’s leave laws are different, and states continue to pass their unique leave legislation. Starting with a general understanding of any state-specific leave requirements, and when and how they go into effect will help employers determine what next steps are needed to comply and implement successful plans. This interactive map of the U.S. details the current PFML program status and legislation in each state.

2. Understand local PFML requirements.

It may be tempting for companies to set up a blanket policy for all employees, but leave laws may not be the same from state to state. Without a careful understanding of each state’s requirements, the risk of non-compliance is high.

Subtle differences between state PFML requirements can include the definition of a “family member,” employee eligibility rules, and the amount and type of benefits required.

For example, new Connecticut and Oregon PFML legislation include “safe leave” for victims of domestic violence. This is especially relevant as recent studies have found one in three white women report having experienced domestic violence during the pandemic; a rate that increases to 50% and higher for those marginalized by race, ethnicity, sexual orientation, gender identity, citizenship status and cognitive physical ability.

Even employers who operate in only one state need to do their research as some rules could apply to employees who commute across state lines. More information on individual state family medical leave laws can be found here.

3. Partner with experts.

Pre-pandemic, nearly half of U.S. employers were already struggling to administer PFML. In fact, 40% reported anticipating difficulties over the next few years when it comes to managing multiple leave programs and staying current with requirements that overlap with other leave programs. As leave regulations continue to evolve, it may feel like a moving target to track and comply with all legislative requirements, especially for companies operating in multiple states.

There are many options available to companies of all sizes to ensure compliance with local requirements, including state-run programs, private carriers, or managing programs in-house.

It may be prudent to seek outside help.

Partnering with in-house legal or communications teams is a good starting place; however, smaller companies often have just one HR person to manage PFML/FMLA compliance in addition to several other human resources responsibilities. In either case, outsourcing administration to an insurance carrier that specializes in leave compliance is another option that can help unburden employers and ensure program compliance.

4. Ensure employees know about their benefits.

Nearly three in four of the women who are considering downsizing their careers cite behavioral health conditions like burnout and stress as the primary reason, along with increased caregiver and household responsibilities, and lack of time and energy for self-care and wellness.

What else can employers do to help more? Encourage use of the full-service offerings available including your Employee Assistance Program (EAP) and create a culture that focuses on good mental health for everyone. If a company is offering PFML/FMLA, it is essential that they share information about the benefits of these programs and how to access them with their employees. Even just the knowledge that paid medical leave is available could alleviate some of the compounding pandemic-caused stress upon employees. Let them know this resource is available to them as an alternative to permanently leaving their job.

With more effective resources available, women will feel that they can be successful at home and work. If life events require an employee to use their PFML/FMLA benefits, a smooth and communicative process can strengthen employee confidence in the company and help successfully welcome women back to the workforce.

 Melissa Oliver-Janiak is second vice president of total rewards at The Standard.


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